JA_Hamilton_ISN_Simplex FA System 20211214.pdf

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN

COMPETITION

PROJECT/EQUIPMENT: Information System Facility, Fort Hamilton, NY / Simplex Fire Alarm System

AUTHORITY: 10 U.S.C. § 2304(c)(1) AMOUNT: $71,000.00

Prepared By: NAME/TITLE: William Maher, Technical Manager

TELEPHONE: 917-790-8584

DATE:

Contracting Officer: NAME/TITLE: Francis Cashman, Contracting Officer

TELEPHONE: 917-790-8173

DATE:

Requirements: NAME/TITLE: Andrew Andreeko, Project Manager

TELEPHONE: 917-790-8734

DATE:

SIGNATURES ARE REQUIRED BELOW

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

District Small Business Specialist

NAME/TITLE: Justin Helfman

TELEPHONE: 917-790-8004

SIGNATURE:

Project Manager NAME/TITLE: Andrew Andreeko

TELEPHONE: 917-790-8734

SIGNATURE:

Office of Counsel NAME/TITLE: Lorraine Lee

TELEPHONE: 917-790-8055

SIGNATURE:

DCC/CCC Contracting Chief NAME/TITLE: Francis Cashman

TELEPHONE: 917-790-8173

SIGNATURE:

Control No. NAN-22-003

JUSTIFICATION & APPROVAL REVIEW

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

Information Servicing Node Fort Hamilton, New York

Solicitation No. W912DS22R0001

14 December 2021

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Justification and Approval: Information System Facility, Fort Hamilton, New York

1. CONTRACTING AGENCY: Department of the Army U.S. Army Corps of Engineers (USACE) New York District (NAN) Contracting Division (CT) 26 Federal Plaza Floor 16 New York, NY 10278

2. DESCRIPTION OF ACTION: This Justification and Approval (J&A) supports the use of brand name components in an upcoming construction project. The Government will not purchase the components directly, but rather will require that offerors include the Simplex Fire Alarm System as part of proposals submitted in responses to a design-bid-build solicitation to comply with the Contract specifications that will lead to the award of a new firm-fixed-price (FFP) construction contract. This project is being procured as one construction contract located at Fort Hamilton, New York. The United States Army Corps of Engineers (USACE), New York District (CENAN) is responsible for the acquisition and administration of the construction of the new Information System Facility at Fort Hamilton, New York. Funding for this acquisition will be Military Construction (10 U.S. Code § 2802).

The FFP construction will be solicited and awarded as a best value trade-off procurement in accordance with FAR Part 15.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: This project consists in the construction of a new communications and data server facility at Fort Hamilton. Some of the systems and elements within this project will require sole-source acquisition. The estimated delivery period for this equipment will be in accordance with commercial practices. No options are anticipated for these requirements. This is not a modification to an existing contract; this is a new construction contract to be awarded in FY2022. The requiring activity is Fort Hamilton, NY. The estimated construction duration is 730 days from notice to proceed. The projected date of award is March 2022.

Fort Hamilton has a campus-wide Simplex fire alarm system. This project is to replace an existing communication building on Ft. Hamilton (B206). That building has an existing Simplex fire alarm control panel (FACP) which integrates not only the devices in B206 but also integrates approximately 20 other facilities with older, conventional (non-addressable) fire alarm systems. The construction of the new Information System Facility must include a Simplex FACP as well, to communicate with the campus-wide fiber network and send signals to the fire department. Additionally, the project entails rerouting the 20 external conventional systems to the newly installed system to re-integrate them into the campus system so that the B206 system can be demolished in the future. Simplex fire alarm systems are heavily proprietary. Only Simplex devices and appliances can function with a Simplex FACP. It is therefore necessary to sole-source specify Simplex devices, appliances, and FACP for this project. Without a Simplex system the facility will not be able to send fire alarm signals to the Fire Department.

It is not possible to send fire alarm signals to the existing Fire Dept. receiver using a fire alarm system provided by a manufacturer other than Simplex. The fire code requires that these signals are sent so that the Fire Department can respond to a fire emergency in a timely manner.

The estimated total cost for the construction portion of this subject project is $26,000,000. The estimated cost of the requested brand-name requirement for the Simplex Fire Alarm System for the subject project is estimated at $71,000.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by Federal Acquisition Regulation (FAR) 6.302-

1(c), Application for Brand Name Descriptions. In accordance with FAR 6.302-1(c), the Contracting Officer will specify that all offerors be required to procure an item peculiar to one supplier (brand-name item).

5. REASON FOR AUTHORITY CITED: Successful completion of this project cannot be achieved without the specification of these brand name items and services. Alternative products/services are not available that are compatible with existing infrastructure. All new systems are required to be extensions of existing systems, and therefore must meet the installation’s requirements to use the Simplex Fire Alarm brand name systems.

A. Background: Successful completion of this project cannot be achieved without the specification of these brand name items. Alternative products/services are not available that are compatible with existing infrastructure. All new systems are required to be extensions of existing systems, and therefore must meet the installation’s requirements to use the Simplex Fire Alarm brand name systems.

B. Justification: Fort Hamilton has a campus-wide Simplex fire alarm system. That building has an existing Simplex fire alarm control panel (FACP) which integrates not only the devices in B206 but also integrates approximately 20 other facilities with older, conventional (non-addressable) fire alarm systems. The construction of the new Information System Facility must include a Simplex FACP as well, to communicate with the campus-wide fiber network and send signals to the fire department. Additionally, the project entails rerouting the 20 external conventional systems to the newly installed system to re-integrate them into the campus system so that the B206 system can be demolished in the future. Simplex fire alarm systems are heavily proprietary.

Only Simplex devices and appliances can function with a Simplex FACP. It is therefore necessary to sole-source specify Simplex devices, appliances, and FACP for this project. Without a Simplex system the facility will not be able to send fire alarm signals to the Fire Department.

C. Alternative: It is not possible to send fire alarm signals to the existing Fire Dept. receiver using a fire alarm system provided by a manufacturer other than Simplex. The fire code (UFC 3-600-01, section 9-18.3.2) requires that these signals are sent so that the Fire Department can respond to a fire emergency in a timely manner.

The only alternative action to ensure compatibility of a different manufacturer’s Fire Alarm System with the systems used throughout the Fort Hamilton Army Garrison would be to remove and replace the Fire Alarm Systems in every building at Fort Hamilton that is tied to the Information System Facility Fire Alarm System. This alternative is cost prohibitive.

D. Impact: If the J&A is not approved and a different fire alarm system is installed, the system will not be able to send fire alarm signals to the fire department as required by Code. Additionally, if automatic notification of a fire in the facility is not provided, the response of emergency services would be significantly delayed. Emergency services response time is a crucial factor in the protection of life, property, and mission readiness for this facility. The facility’s Fire Alarm Control Panel is also responsible for passing along fire signals from 20 other buildings on post.

Therefore, the failure at this facility compromises the protection of life, property, and mission readiness for those other 20 facility at Fort Hamilton as well.

6. EFFORTS TO OBTAIN COMPETITION:

A. Notice of Intent to Sole Source: This contract will be awarded competitively. Only a small portion of the construction funds will be used to procure materials and services from sole-source vendors. The design team worked to ensure that most of the work on this project is being awarded through full and open competition, and that competition would be limited only when necessary to ensure a quality end-product. The proprietary nature of the item will be stated in the technical section of the specifications and on the drawings.

B. Effective competition: Based upon the information in paragraph 5, competition for these items was not feasible. In accordance with FAR 5.102(a)(6), this brand name J&A will be posted with the solicitation. Notice requirements set forth in FAR 5.201 will be followed and all proposals received will be considered.

C. Subcontracting competition: In this single source situation, the Government intends to promote subcontracting throughout all elements of this solicitation. By doing so this will ensure that the prime contractor obtains as much competition as possible when subcontracting.

7. ACTIONS TO INCREASE COMPETITION: This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

In accordance with FAR 5.102(a)(6), this brand name J&A will be posted with the request for proposal.

Notice requirements set forth in FAR 5.201 will be followed and all proposals received will be considered.

8. MARKET RESEARCH: A sources sought Notice of Intent (NOI) for sole-source of this brand name requirement was posed on www.sam.gov on 27 OCT 2021 and remained open for fifteen (15) days. No responses to the NOI were received. However, there are no other suitable providers for the items discussed herein.

9. INTERESTED SOURCES: No responses were received to the sources sought NOI which was posted to www.sam.gov on 27 OCT 2021 and remained open for fifteen days. No other sources will be solicited.

10. TECHNICAL CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.”

Name: William Maher

Title: Technical Manager Signature: _________________________

11. REQUIREMENTS CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification and approval are accurate and complete to the best of my knowledge.”

Name: Andrew Andreeko

Title: Project Manager Signature: _________________________

12. FAIR AND REASONABLE COST DETERMINATION:

“I hereby determine that the anticipated cost or price to the Government for these contract items will be fair and reasonable. This determination will be based on the Independent Government Cost Estimate, the items being procured, and historical data. While these items will be acquired from a single manufacturer, competition among the General Contractors for the contract should yield fair and reasonable prices.”

Name: Francis Cashman

Title: Contracting Officer Signature: _________________________

13. CONTRACTING OFFICER CERTIFICATION:

“I certify that this J&A is accurate and complete to the best of my knowledge and belief.”

Name: Francis Cashman

Title: Contracting Officer Signature: _________________________

14. APPROVAL

Based on the foregoing justification, I hereby approve the brand name requirement for the Simplex Fire Alarm System, estimated at $71,000, in support of the Information System Facility project as authorized by 10 U.S. C. 2304 (c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, subject to the availability of funds and provided that the product herein described has otherwise been authorized for acquisition.

Name: Francis Cashman

Title: Contracting Officer Signature: _______________________